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Police officer says Elderts was killed by second of three gunshots

By Ken Kobayashi

POSTED:
LAST UPDATED: 06:18 p.m. HST, Jul 31, 2013


A retired Honolulu police detective testified today that the Kollin Elderts was killed by the second of three gunshots fired by State Department special agent Christopher Deedy.

Theodore Coons testified that he believed it was the second shot that was fatal based on the circumstances that included Deedy’s shirt covered by Elderts’ blood. Coons said he didn’t think that much blood would have ended up on the agent if the third and final shot was the fatal one.

The defense contends that Elderts was killed by the third shot fired by the agent, who was trying to ward off an attack by Elderts.

Coons testified in the 14th day of Deedy’s trial on a charge of murdering Elderts the early morning of Nov. 5, 2011 at the McDonald’s Kuhio Avenue restaurant.

He is the final witness in the prosecution’s case before the defense starts putting on its case as early as Thursday.

Deedy, 29, of Arlington, Va., was here to provide security at the Asia-Pacific Economic Cooperation conference. The prosecution is alleging Deedy was fueled by alcohol and inexperience in shooting the unarmed Kailua resident, while the defense contends Deedy fired in self defense.







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entrkn wrote:
Sounds like the same cop who thought he may have smelled alcohol on Agent Deedy and then the doctor who examined Deedy in a sterile environment did not smell or detect any other sign of alcohol or intoxication. I have seen some sleazy trials in Hawaii, and this one may be the sleaziest of all of them...
on July 30,2013 | 02:56PM
NanakuliBoss wrote:
That's the lead detective entrkn! This is his first testimony.
on July 30,2013 | 03:26PM
SueH wrote:
See? See how sleazy it is?? It's all sleazed up from the get-go by the lead detective.
on July 30,2013 | 10:15PM
Archie wrote:
Arresting officers did not qualify their observations with a "may have" re: alcohol on Deedy's breath. They made positive statements which were also supported by several others, including civilians. The doctor in question did not examine the agent until several hours had passed and, I would guess, the alcohol smell test is not a procedure in his examination. Further, why would Deedy refuse a breathalyzer test right after the shooting? Your observation concerning "sleazy trials in Hawaii" raises some concern. Please help us understand the depth of the perpetuated injustice by identifying some of these trials?
on July 30,2013 | 03:42PM
Pocho wrote:
Deedy don't have diabetes, right?
on July 30,2013 | 04:42PM
Kailuaraised wrote:
Actually, most of the Officers didn't note anything regarding alcohol in their reports according to the defense.
on July 30,2013 | 04:51PM
NanakuliBoss wrote:
Observation and demeanor of a suspect in a major felony case are noted in arresting officer, witness officer, and other ppolice personnel at the scene.
on July 30,2013 | 08:18PM
RetiredWorking wrote:
IRT entrkn, get your facts straight before denigrating anyone. The police officer at the scene was Sterling Naki. The retired police DETECTIVE is Theodore Coons. Please explain your definition of sleazy if you can. Or is just a flippant remark, like your "same cop" remark?.
on July 30,2013 | 04:32PM
Anonymous wrote:
Ditto what others have said. It's obvious you haven't been following this closely as you would never have made such a statement. 2 different cops, brah.
on July 30,2013 | 04:39PM
RetiredWorking wrote:
@ entrkn, the first cop on the scene was Officer Sterling Naki. This retired DETECTIVE is Theodore Coons. Get your facts straight before denigrating people. Also, can you enlighten us of which part of the trial seems "sleazy"?
on July 30,2013 | 07:02PM
hapaguy wrote:
Lots of false information being spread around by the Deedy supporters on the SA Comment's section. The first two CRIMES that were committed were committed by Deedy. First crime that Deedy committed: Terroristic Threatening, which is a Class C Felony in Hawaii. He threatened to "shoot Elderts in the face". Second crime Deedy committed: Assault in the 3rd Degree which is a misdemeanor (maybe even a petty misdemeanor). He physically assaulted Elderts first. At 27m17sec of the video you can see Deedy assault (kick) Elderts first. Here is a link to the video: https://www.youtube.com/watch?v=K_CDhTH_EgE. You can't claim self defense if you strike first. And another thing: A general principal of self defense states that you are generally allowed to defend yourself using a reasonable amount of force and using no more degree of force than was used against you. So if this is a fist fight, you can't reply with deadly force (knife or a gun). So you Deedy supporters can't claim self defense in the shooting on those grounds either....
on July 30,2013 | 03:04PM
Hapa_Haole_Boy wrote:
"Deedy supporters"? Aside from his family and friends, I'd imagine most other people are best served being impartial and waiting until the entire trial unfolds before supporting any side. Until you know the whole story, you don't actually know.
on July 30,2013 | 03:10PM
hapaguy wrote:
Hapa Haole from your comment about the "Deedy supporters?" I can only assume that you do not believe there are Deedy supporters that are commenting on the SA articles. As surely as there are commenters such as myself, Nanakuli, Kalaheo, ryan, and others that believe that Deedy committed murder, there are those on here such as Kailuaraised, Ldub, control ,sailfish and others that believe (wrongly lol) that Deedy is not guilty of murder. These comment sections are for the SA readers to post their opinions. I have been eagerly waiting for the video evidence to come out. I have downloaded and watched the video frame by frame so many times that I am sure that Deedy is guilty. This is my opinion and, right or wrong, I am entitled to it. The Deedy supporters are equally sure that he is innocent and they are entitled to their opinion also. Whether or not we want to wait until the trial is completed is up to us. If you haven't seen/heard enough evidence to come to a conclusion is up to you......
on July 30,2013 | 03:31PM
Ldub20_Owl316 wrote:
Preach it brother!
on July 30,2013 | 03:55PM
Mypualani wrote:
Thank you for that Hapaguy, I know Deedy committed crimes, and he will be found guilty for them, per the instructions to the jury, he committed murder, he took a life and now blames the victim for his choices.
on July 30,2013 | 04:09PM
allie wrote:
Agree with hapa. We need to know all the facts first. I still say it is manslaughter. Tragic that a gun was ever introduced into a simple shoving argument which proper security in McDonalds could have prevented.
on July 30,2013 | 04:14PM
Anonymous wrote:
Yes, Allie. But remember, he threatened Elderts without ever having come out and identifying himself as a LEO. Maybe this whole thing would never have happened had Deedy done so, but we'll never know.
on July 30,2013 | 04:41PM
2NDC wrote:
Exactly how is the security officer supposed to "prevent" an altercation? As far as I know, the greater majority of unarmed security officers are instructed to simply "observe" and "report". They are not trained nor required to intervene in a physical altercation.
on July 31,2013 | 12:08AM
kolohepalu wrote:
Right. You need to tell that to all the people making excuses for Deedy and denigrating the victim, Elderts.
on July 31,2013 | 07:13AM
NanakuliBoss wrote:
Actually I'm thinking that first shot went whizzing by Perrine,West,Mederios or Gutkowski. Should have tacked on Reckless Endangering 1 st.
on July 30,2013 | 03:30PM
hapaguy wrote:
You are so correct! So Deedy actually committed the first THREE CRIMES that morning. Here is the law: Hawaii Revised Statutes 707-713 - Reckless endangering in the first degree(1) A person commits the offense of reckless endangering in the first degree if the person employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury or intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury. (2) Reckless endangering in the first degree is a class C felony.
on July 30,2013 | 03:35PM
NotNasti wrote:
I smell a prosecutor lurking on this blog.
on July 30,2013 | 04:16PM
MKN wrote:
@NanakuliBoss: That's a good point. However, the prosecution screwed up by not throwing every single charge that they possibly could have at Deedy which sadly makes those changes irrelevant in this case. Disorderly conduct could have been another charge, but that wasn't thrown at him either. Due to double jeopardy laws, I don't think they can't charge him with those now. Again, I reserve judgement until all of the facts from both sides come out.
on July 30,2013 | 03:52PM
NanakuliBoss wrote:
Maybe it's me, but maybe the prosecution did not want the jury to be confused with multiple statues.
on July 30,2013 | 04:06PM
MKN wrote:
@NanakuliBoss: I doubt that. People get charged with multiple offenses all the time and jury's don't have problems convicting those guys if enough evidence exists for a conviction. Now if the prosecution assumed that the jury would get confused with multiple statutes, then they really screwed up and should be fired when this case is over.
on July 30,2013 | 04:10PM
Mypualani wrote:
The prosecution will go with charges that they have the most substantial evidence and witness testimony, example would be the video evidence we al watched it and guess what? Yeah Deedy supporters seem to see things that side with the defense, they dismiss the fact that Deedy walked up threatened and kicked Elderts, to them none of that matters, it only matters when Deedy pulls out his gun, so going by that standard wasn't it agent Deedy who endangered the lives of others by bringing out said weapon? And discharging it three times.on the tape/testimony two criminal acts by Deedy I read comments all proud like oh well that local punk messed with the wrong H " no actually Deedy picked the wrong state to commit murder. That is why they tried so hard to get the trial out of Hawaii. But they failed because Deedy would have to get on the stand in federal court and justify his actions. So they changed it from immunity to self defense. The defense is already reaching and grasping for straws. Cannot wait to see them in action.
on July 30,2013 | 07:00PM
MKN wrote:
@hapaguy: Interesting. So there is a dispute as to what shot hit Elderts even within the prosecution's own witnesses. If you were to ask me, the prosecution messed up by not charging Deedy with Terroristic Threatening and Assault. Those charges are unfortunatly irrelevant to this case because they did not charge him with those offenses. Now that the prosecution finished their side of the story, we get to hear from the defense side. I reserve judgement until all of the evidence is presented. I wonder if Manslaughter is a possibility in this case. It would be a lot easier for the prosecution to prove that versus Murder 2.
on July 30,2013 | 03:45PM
control wrote:
actually we all hope that the prosecution charged deedy with a mess of charges, including terroristic threatening. manslaughter is always a possibility, it all depends on the defense and if they can disprove the stories to cast doubt. I think murder 2 is out but even that depends on the ability of the defense to cast doubt.
on July 30,2013 | 03:52PM
allie wrote:
agree
on July 30,2013 | 04:15PM
control wrote:
actually didn't elderts push gutowski first? I am not sure what led up to the fight, I know the stare down happenned but that isn't an offense. I guess if medeiros wanted to "beef" with perrine or gutowski then that could possibly be the first crime for terroristic threatening.
on July 30,2013 | 03:54PM
Ldub20_Owl316 wrote:
Will hapaguy agree with you? To him, Elderts and Medeiros ain't done nothin wrong!
on July 30,2013 | 04:06PM
Ldub20_Owl316 wrote:
Anyone who thinks this is Murder 2 needs to quit their mancrush on Elderts. This is manslaughter or negligent homicide at best. Am I a huge Deedy supporter if I haven't got a problem with him receiving penalties for manslaughter or negligent homicide?
on July 30,2013 | 03:57PM
allie wrote:
agree completely
on July 30,2013 | 04:15PM
yhls wrote:
Touche Hapaguy! You hit the nail on the head. These Deedy supporters are in fantasy land if they think what he did is self defense. Not in Hawaii. Not by our laws and standards.
on July 30,2013 | 04:02PM
allie wrote:
Deedy lacked the training and maturity to have ever been sent here. What a terrible mistake
on July 30,2013 | 04:16PM
Anonymous wrote:
True, but I still think the butler did it.
on July 30,2013 | 04:42PM
RetiredWorking wrote:
I am by no means a Deedy supporter, nor an Elderts fan. I support the judicial process and will accept whatever the verdict is. Deedy is going through hades defending himself. He KNOWS what the worst-case scenario is. He's paying for it, financially, emotionally and career-wise. That is enough punishment for me, to see him pay for his stupidity, right now. A conviction would be cake, losing the wrongful-death lawsuit icing on the cake. Now if I were Elderts family or friend, I'd want MORE than that.
on July 30,2013 | 04:22PM
Anonymous wrote:
If all of that is enough punishment for you then you must not understand the pain of losing a loved one this way. Decades will be needed to wring justice from Deedy. In a way, I feel sorry for him. He is going to be COMPLETELY out of his element in Halawa and OCCC. He isn't going to have a friend in his tiny world for a very long, long time.
on July 30,2013 | 04:46PM
RetiredWorking wrote:
Anonymous, you are correct. I have never experienced such pain. Older and wiser than the young man I once was, I know I would need to forgive this killer, or my hatred would eat me alive. My heart goes out to the Elderts family AND to the Deedy family. Sure, their son is still alive, but they are surely feeling great pain.
on July 30,2013 | 07:50PM
Ldub20_Owl316 wrote:
This ain't a black-and-white case like you like to believe. Deedy is guilty, but not of murder 2. My brain says manslaughter or negligent homicide. NEITHER party is innocent. That's what a lack of self-control will do.
on July 30,2013 | 04:47PM
krusha wrote:
Another reason to make sure these guns stay out of the wrong hands, especially somebody with alcohol in their blood. If anything, this guy should have had a taser instead of a firearm, and we wouldn't be in this situation in the first place.
on July 30,2013 | 05:06PM
8082062424 wrote:
thing is when you keep threaten to shoot some in the face it hard to see it as manslaughter. his actions that night was that of a bully. and to make it worst he was a agent
on July 30,2013 | 05:40PM
residenttaxpayer wrote:
The reason why Deedy is charged with murder 2 and not with manslaughter is because of his intent...witnesses testified that Deedy was heard that he was going to shoot Elderts in the face and the fact that Deedy discharged his firearm 3 times conveys that intent.....
on July 30,2013 | 05:56PM
NanakuliBoss wrote:
Ldub20, not meaning to make you look small, but negligent homicide has NOTHING to do with this case. It's reserved for deaths that result from the negligent operation of a vehicle that causes death.
on July 30,2013 | 08:26PM
kolohepalu wrote:
ONLY Deedy is on trial- Elderts doesn't need to be innocent of anything.
on July 31,2013 | 07:16AM
Kailuaraised wrote:
So let me get this straight. So far the prosecutor has called multiple witnesses and they all tell a different story. Sounds like a real slam dunk case. I don't see the murder 2 conviction happening based on the prosecutor's testimony alone.
on July 30,2013 | 04:59PM
Kalaheo1 wrote:
Kailuaraised wrote: "So let me get this straight. So far the prosecutor has called multiple witnesses and they all tell a different story. "

One witness believed that the first of three bullets Deedy fired struck Elderts in the chest and killed him. The lead detective testified that he believed the second bullet of three bullets Deedy fired struck Elderts in the chest and killed him. I don't see that being much of a defense.

Besides that, what "different stories" have you heard from witnesses?


on July 30,2013 | 05:36PM
xxNOTxx wrote:
Yeah, but no one said it was the third as the defense contends---Deedy was a whimp to start the fight w/ a kick and end it frantically pulling the trigger.
on July 30,2013 | 06:19PM
Kailuaraised wrote:
One says Deedy shot him before the scuffle. The prosecutor claims it was after. Conflicting stories of which bullet hits Elderts. Conflicting stories of police officers in IRT alcohol. Calling an adverse witness. Remember, the prosecutor has to prove beyond a reasonable doubt that Deedy murdered and so far it's not doing a good job.
on July 31,2013 | 01:37AM
Kalaheo1 wrote:
Again, disagreement about which shot from Deedy's gun actually killed Elderts. Do you think that matters? He drew his gun and started firing immediately. Whether or not Edert's was killed by Deedy's 1st, 2nd or 3rd bullet doesn't really matter. What matter is that he STARTED using deadly force before he could reasonably claim that his life was threatened. And when you say "adverse" witness, are you meaning "hostile witness"? Because calling a hostile witness is common, and not remotely a mistake. It just means the lawyers can ask leading questions.

In this case the witness was Deedy's former college friend and fraternity brother who accompanied Deedy for a night of drinking before Deedy picked a fight, assaulted and shot Elderts. Calling him allowed the prosecution to establish that Deedy had been drinking that night, in violation of the State Dept's policy regarding going armed and he testified that he didn't hear Deedy identify himself as a law enforcement officer. His testimony also helped confirm that Deedy threatened to shot Elderts prior to shooting him. Is that what you mean by an adverse witness.


on July 31,2013 | 02:45AM
8082062424 wrote:
the real question is who the defence is going to call. seem to me the state called all the major folks there that night even Deddy friends
on July 30,2013 | 05:37PM
Mypualani wrote:
Where's Ms West?
on July 30,2013 | 06:25PM
8082062424 wrote:
good point
on July 30,2013 | 06:59PM
roxeee wrote:
Did they call the security guard yet?
on July 30,2013 | 06:39PM
8082062424 wrote:
i do not believe they did
on July 30,2013 | 06:59PM
Kailuaraised wrote:
Security guards haven't come out. The other people at the register in the video. Ms West. It'll be interesting.
on July 31,2013 | 01:38AM
Mypualani wrote:
Detective Coons was the officer who notified me about my brothers death, I don't care what Rlderts was or what you people think he was, he did not do anything that justifies having his life taken. At McDonalds 3:00 am in the morning. I can say with all honesty that I know the hurt and the pain his family is going through. As for Deedy in my heart of hearts I think it all boils down to really bad decision making skills and bad choices, I don' t care who you are no one makes good decisions when under the influence. I keep reading if Elderts walked away or did this or didn't do that he would be Live if he walked away. So what was keeping Mr Deedy from doing the same, he had choices too. The exaggeration and B. S. here is stunning from people who sit here and justify the killing, with well he said this and he said that, or why did he do that, why did he stand up. All I know is Deedy is heading to Halawa and then out from there. This man not only took someone's life, he he ripped his own apart, I guess what really upset me about this case is that Deedy thought he could just walk away from all this, with immunity. Because he's an agent, what about the pain and devastation he contributed too, he actually thought he was above the law? Why because of a word? Well Agent Deedy I sure hope it was worth it.
on July 30,2013 | 06:39PM
8082062424 wrote:
well said
on July 30,2013 | 06:58PM
RetiredWorking wrote:
So very well said, Mypualani. My heart goes out to you for your loss. I agree that killing Elderts was not justifiable, not matter what words were said. If for some reason Deedy is acquitted, his life is shot. He will have suffered financially, emotionally and career-wise. Deedy will suffer again in his wrongful death lawsuit. He will also carry the knowledge that he took a man's life. And he will be judged by his Maker. For me, that is more punishment than years in prison.
on July 30,2013 | 07:21PM
xxNOTxx wrote:
I totally agree w/ ya, Mypualani. My sincerest condolences to you & your family.
on July 30,2013 | 07:41PM
kolohepalu wrote:
Mypualani, disregard the trolls. You know the vast majority of people here locally (whites included) support you and your family.
on July 31,2013 | 07:24AM
51butterflies wrote:
Det. Coons was also questioned about the use of force used- He did explain that first there must be a crime ,and an officer of the law should announce himself/show his credentials to the persons engaged and loud enuf for all to hear, for the safety of all and that the officer should use the least amount of force. Kitv4 6:30 p.m. news had the courtroom testimony by the detective Coons.
on July 30,2013 | 07:05PM
51butterflies wrote:
Read the testimony of detective Coons on Kitv.com
on July 30,2013 | 07:22PM
51butterflies wrote:
Read the testimony of detective Coons on KITV.com as he answers the question concerning the use of deadly force.
on July 30,2013 | 07:24PM
palolo2001 wrote:
Guilty.
on July 30,2013 | 10:49PM
2NDC wrote:
Deedy is gonna walk. There's more than enough reasonable doubt with the prosecution witnesses. The defense witnesses will be the icing on the cake. Elderts and his friends went out on the town, got drunk and high, and went looking for people to pick on. They picked on a "metro-s*exual" tourist and was told to stop by another tourist. When Elderts threatened Deedy, he messed with the wrong visitor. This one happened to be armed and helped rid our community of another trouble maker.
on July 31,2013 | 12:13AM
Kalaheo1 wrote:
No one has testified that Elderts threatened. Deedy. However, there has been testimony that Deedy threatened to shoot Elderts... Shortly before he shot him..
on July 31,2013 | 02:31AM
hanalei395 wrote:
Deedy is gonna walk .... right into OCCC or Halawa. (Just wanted to finish your sentence. The rest of your tirade is stupid).
on July 31,2013 | 03:41AM
kolohepalu wrote:
Deedy felt overconfident because he was drunk and had a gun. Combined with a false sense of superiority as a fed and mainland white person, it led him to start a fight he otherwise never would have had the stones to start.
on July 31,2013 | 07:31AM
lokela wrote:
It doesn't matter which bullet killed Elderts. Plain and simple. Deedy shot and killed Elderts. Manslaughter at the least. There is no stand your ground law here.
on July 31,2013 | 06:12AM
Publicbraddah wrote:
Sad case as a whole. No winners and two losers. Both with alcohol and/or drugs in their systems and a lot of machismo. Attitude and alcohol is a bad combination but when two people have it, it's a scenario for a perfect disaster.
on July 31,2013 | 07:14AM
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